If you are considering divorce, you likely think that whether you can have an amicable or collaborative divorce depends wholly on your spouse. Certainly, the attitude and ability of your spouse to compromise has an effect, but in my experience the attorneys that you and your spouse choose has a much bigger impact.

Beginning A Litigation Divorce

If you and your spouse choose attorneys whose primary orientation is litigation, then there is a good chance that you will face a court battle. Your litigation attorney will likely draft a petition for dissolution of marriage asking for everything, and then have a process server or sheriff’s officer serve your spouse. These tactics are all intended to intimidate your spouse and get them to submit.

It should be no surprise that this usually elicits the opposite of the intended response. Not willing to submit, your spouse hires a “bulldog lawyer,” and the battle is on. Say goodbye to your children’s college saving. Know that this money will now be going to your lawyers’ children’s college tuition.

Forrest (Woody) Mosten has been on the cutting edge of the law since the 1970s. He has been a pioneer in the fields of unbundled legal services, mediation, and collaborative practice, and he has also authored the following books on these topics (you can order them here):

The Complete Guide to Mediation: The Cutting-Edge Approach to Family Law Practice (2d Edition, ABA, 2015) (with Elizabeth Scully)

Unfortunately, there are often consequences to a party’s decision to save money and appear pro se (represent him or herself). I have had many litigants come into my office after attempting to proceed with no legal counsel and finding that (a) their case had been dismissed or they face contempt of court because they did not follow proper procedure, (b) they wasted their hard-earned dollars on unnecessary fees and “money saver” programs that became obsolete once the opposing party began contesting the matter, and/or (c) their case has dragged on because they did not know how to bring their matter to conclusion. But, alas, not everyone can afford an attorney to fully represent them.

Thankfully, Florida Family Law Rule of Procedure 12.040 provides a cost-effective option: limited representation, also known as unbundled legal services.